Justice Souter and the Mystery of Footnote 17

Is any footnote in U.S. Supreme Court history as famous as Footnote 4 in the U.S. v. Carolene Products case? Perhaps not; Footnote 4, after all, essentially established different levels of constitutional review. But a new Supreme Court footnote appears to be dethroning Footnote 4 — at least for the time being. According to a […]